Latest news with #R255m
TimesLIVE
02-07-2025
- Politics
- TimesLIVE
NPA petitions SCA on discharge of Ace Magashule's ex-PA Moroadi Cholota
The National Prosecuting Authority (NPA) has filed a petition with the Supreme Court of Appeal (SCA) for leave to appeal the judgment delivered in the Free State High Court regarding Moroadi Cholota's special plea on the lack of the court's jurisdiction in the asbestos case. Last month Cholota successfully challenged her extradition from the US to testify in the corruption trial where her former boss, former Free State premier Ace Magashule, is one of the accused. The NPA initially filed for Cholota, who was studying in the US, to be extradited in 2022 after linking her to the corruption case. After her extradition, Cholota was included in the case as an accused. However, judge Phillip Loubser said Cholota's extradition was unlawful and the court was precluded from trying the offences she was charged with. She was then discharged. 'The petition to the SCA follows after judge Loubser dismissed the NPA's request for the judge to reserve questions of law in terms of the Criminal Procedure Act,' NPA spokesperson Mthunzi Mhaga said. He said the NPA believed the judge erred in dismissing the application for leave to appeal, there were reasonable prospects of success to appeal the judgment and there were compelling reasons for the SCA to hear the state's appeal. 'We are also exploring the possibility of approaching the Constitutional Court, challenging the same judgment, given the possible far-reaching implications on many other extradition matters.' TimesLIVE reported the charges Cholota was facing related to a R255m asbestos contract awarded about six years ago by the Free State department of human settlements to the Blackhead Consulting joint venture to audit, assess and remove asbestos from homes in some of the Free State's poorest areas.
IOL News
05-06-2025
- Politics
- IOL News
'Apartheid Tactics' - Cholota's lawyer slams State after court declares her extradition unlawful
iol A South African court has ruled Moroadi Cholota's extradition from the US unlawful. Her lawyer called the arrest 'an abuse of power,' saying she was targeted for refusing to implicate Ace Magashule in the R255m asbestos case. Image: NPA and Oupa Mokoena "We have always said that the conduct of the State was unlawful and unfair." These were the sentiments of Piet Thabane, attorney for Moroadi Cholota, Ace Magashule's assistant, who won her legal battle in the R255 million Free State Asbestos case. The court recently ruled that Cholota's extradition from the United States of America (USA) was unlawful. The 37-year-old was arrested in the US in April 2024, where she was kept in police custody and extradited to South Africa in August 2024. She was charged with fraud and corruption in the R255 million Free State asbestos roofing case. The final year political science student was kept in police custody for seven days and released on R2,500 bail in the Bloemfontein Magistrate's Court in August 2024. Shortly after being released on bail, Cholota launched an urgent application against the National Prosecuting Authority (NPA) to dismiss the charges against her and to declare her extradition unlawful, which was subsequently dismissed. In her founding affidavit, Cholota claimed that the NPA's intention has always been to 'degrade, humiliate and inflict cruel punishment on me for what the State deems as a failure to co-operate with it'. 'As I stated previously, the Asbestos Project has been investigated at length by other State agencies over and above the State Capture Commission, such as the Public Protector, the Special Investigating Unit, and the Auditor General. 'In none of these reports was I ever mentioned, let alone implicated.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Speaking to IOL, Thabane said Cholota's arrest and extradition were an abuse of power. "The main reason she was subjected to this unfair treatment was because she refused to implicate her boss, the former Premier Magashule." This week, the court ruled that it had no jurisdiction to try Cholota as her extradition from the United States of America was unlawful. Thabane said during the trial-with-a-trial, the State called two witnesses who had nothing to do with the extradition. "We did not present new facts, but the State failed to meet the minimum standard of proving their case." He described Cholota's arrest in the US as an apartheid tactic. "They thought they could intimidate her." Thabane said his client is relieved and vindicated. "It has been over a year since she has been dealing with this. But it is far from over. We are considering various options because my client's Constitutional Rights were grossly violated." When asked if she would be going back to the US to complete her political studies at Maryland University, Thabane said it was still early days. Thabane said he was aware that the NPA intended to appeal the matter and welcomed the decision. "They will only embarrass themselves."
